Delaware’s plans to launch its adult-use marijuana market may face delays due to a conflict with the FBI over the approval of a fingerprint background check system. This system is crucial for participants in the cannabis industry and was expected to be established by state regulators in April. The anticipated launch comes nearly two years after the state legislature approved two legalization bills.
The Office of the Marijuana Commissioner (OMC), which oversees the cannabis market, has not yet received the necessary approval from the FBI to implement the fingerprinting system required for criminal background checks. Although marijuana remains illegal federally, the FBI had previously approved a similar system for Delaware’s medical cannabis program, suggesting that this delay is not a broader symptom of state-federal marijuana policy issues.
According to Spotlight Delaware, the FBI rejected the initial application from state regulators because it did not meet federal law requirements. While state officials initially claimed the FBI was delaying the application, they later clarified that the rejection was due to unspecified reasons. The OMC has since submitted a revised application. Keila Montalvo, a spokesperson for OMC, emphasized the importance of the previous medical cannabis bill’s approval, which included the same fingerprint background check criteria.
Montalvo stated that the state has made a reconsideration request and reached out to the FBI to discuss the matter. She affirmed the OMC’s commitment to working with the FBI to ensure compliance with federal law and to expedite the approval process. She added, “We cannot proceed until we receive that approval.”
The FBI has acknowledged receipt of the revised application but noted that its review is still ongoing. The agency indicated that it would respond to the Delaware State Bureau of Investigation once the review is finalized.
In the meantime, OMC conducted licensing lotteries late last year for cannabis businesses aiming to serve adult consumers. A total of 125 licenses are set to be issued, which include 30 for retailers, 60 for cultivators, 30 for manufacturers, and five for testing labs. Regulators have also detailed how a portion of these licenses will be reserved for social equity applicants, microbusinesses, and general open licenses.
Additionally, OMC is working on a series of proposed regulations to establish the adult-use cannabis industry. This comes after former Governor John Carney (D) stirred controversy in January by claiming that “nobody” wants cannabis shops in their neighborhoods, despite a broader consensus that criminalization has not been effective. Last year, he signed several marijuana bills into law that allow existing medical cannabis businesses to start recreational sales quickly, transfer regulatory authority for the medical program, and make technical adjustments to marijuana statutes.
German 
English 
Spanish 
Czech